Prospective Marriage Visa

A prospective marriage visa is for people who intend to marry an Australian Citizen, Australian permanent resident or an eligible New Zealand citizen within 9 months of arriving in Australia.

The process to get permanent residence via a prospective marriage visa is 3 stages. First stage, the prospective marriage visa application is lodged; this can only be done outside Australia. Next you get married, which can be in any country, as long as it occurs after the prospective marriage visa is granted. Second stage, after marriage and arrival in Australia, more paperwork is required to establish that the marriage did occur and to prove the relationship is genuine and continuing. Third, the final stage is consideration of permanent resident status; this is normally done about 2 years later.

To be eligible for a prospective marriage visa or fiancé visa a person must convince the Australian Government they:

Are free to marry

Intend to marry an Australian

Have met their Australian fiancé in person and have a relationship with that person

Their intention to marry is genuine

They intend to live together as spouses for an unlimited period of time

Are sponsored by the Australian fiancé

The Australian fiancé must not be barred from being a Sponsor and there must not be any legal bar to the marriage under Australian Law

Simplest relationship visa to apply for

Less documents required

Permission to visit your fiancé in Australia can often be obtained while awaiting grant of Prospective Marriage visa

Get unlimited travel rights for the life of the visa

Arrive in Australia with full work rights

Get access to Australia’s free health care system (Medicare) as soon as you lodge your stage 2 visa application in Australia

Must be outside Australia to apply

Must be outside Australia for visa grant

Part of a unique 3 stage process to permanent residence (while there is extra bureaucracy, the result is the same)

Only available to heterosexual couples (no same-sex option)

There are limits on sponsorships. Australians can sponsor a maximum of 2 people in their life to be their fiancé or partner. If they have sponsored someone previously, at least 5 years must pass before they are eligible to sponsor another person. If the Australian originally migrated to Australia because they were sponsored as a fiancé or spouse, they are not eligible to sponsor someone else as their new fiancé or partner until 5 years pass. Exceptions can be made in appropriately compelling circumstances.

To remain eligible must not marry until after the Prospective Marriage Visa is granted. If you marry before the Prospective Marriage Visa is granted your application will be converted, by operation of law, into an application for partner migration. The rules for partner migration are different and much more evidence is required to meet all the criteria.

“Australia’s immigration law is complex and constantly changing. Over the last 5 years the consolidated version of the rules was republished an average of 15 times per year. Every case is unique and should be handled with care. This is partly because the rules change so often, and also because small differences of fact can have a big impact on your case. When you apply for a visa, the Australian Government makes a permanent record of your application. If you make a mistake, or if your application is refused, this can have serious long term consequences. It is very important to make the right visa choice and have a plan of action. Get legal advice about your situation now.”

This website contains commentary about immigration rules and is not a substitute for legal advice on your case. It is intended to be thought provoking and to prompt you to seek legal advice.
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